Bill Text: MS HB793 | 2020 | Regular Session | Introduced
Bill Title: Urban renewal agency commission; revise composition of.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Failed) 2020-03-03 - Died In Committee [HB793 Detail]
Download: Mississippi-2020-HB793-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Municipalities
By: Representatives Banks, Clarke, Bell (65th), Brown (70th), Crudup, Dortch, Foster, Summers, Yates
House Bill 793
AN ACT TO AMEND SECTION 43-35-33, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE URBAN RENEWAL AGENCY TO INCLUDE THE DIRECTOR OF PLANNING AND DEVELOPMENT AND AN URBAN PLANNING AND DEVELOPMENT PROFESSIONAL; TO AMEND SECTION 43-35-35, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-35-33, Mississippi Code of 1972, is amended as follows:
43-35-33. (a) There is hereby created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality. Such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in Section 43-35-11, and has elected to have the urban renewal project powers exercised by an urban renewal agency as provided in Section 43-35-31.
(b) (i) If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of five (5) commissioners. The term of office of each such commissioner shall be for five (5) years except as otherwise provided in subparagraph (ii) of this paragraph. The commissioners who are appointed in 1973 shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, from the date of their appointment, and thereafter when a vacancy shall occur either by the expiration of term of office or otherwise, the vacancy shall be filled by the governing body of the city either to fill an unexpired term where a commissioner shall die or resign or shall become disqualified during his term, or for a full term of five (5) years where the term of a commissioner expires.
(ii) From and after July 1, 2020, two (2) of the five (5) commissioners shall consist of the director of planning and development and an urban planning and development professional who shall be appointed by the mayor, by and with the advice and consent of the local governing body and who shall serve as at-large appointees. The director of planning and development and the urban planning and development professional shall be appointed respectively when a vacancy occurs either by the expiration of term of office or otherwise. The urban planning and development professional shall serve for a term of five (5) years, and if he or she is unable to fulfill the five-year-term, the vacancy shall be filled by the governing body of the city pursuant to subparagraph (i) of this paragraph (b). The director's appointment shall terminate upon either the end of the appointing authority's term or other termination as director of planning and development. If the appointment of the director of planning and development terminates as prescribed under this subparagraph, then the vacancy shall be filled by the governing body of the city and such appointment must be the director of planning and development.
(c) A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which shall be coterminous with the area of operation of the municipality, and are otherwise eligible for such appointments under this article.
An agency may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this article shall file with the local governing body, on or before March 31 of each year, a report of its activities for its preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of such fiscal year. At the time of filing the report, the agency shall publish a true and correct copy of such report in a newspaper of general circulation in the community.
(d) For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least ten (10) days prior to such hearing and have had an opportunity to be heard in person or by counsel.
SECTION 2. Section 43-35-35, Mississippi Code of 1972, is amended as follows:
43-35-35. Except for the director of planning and development and the urban planning and development professional who serve as commissioners of the urban renewal agency pursuant to Section 43-35-33, no public official or employee of a municipality, or of any board or commission thereof who exercises any authority with respect to urban renewal projects undertaken pursuant to this article, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under Section 43-35-31 shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he or she shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner or employee shall not participate in any action by the municipality, or board or commission thereof, housing authority, or urban renewal agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provisions of Section 43-35-31. No commissioner or other officer of any housing authority, urban renewal agency, board or commission exercising powers pursuant to this article shall hold any other public office under the municipality other than his or her commissionership or office with respect to such housing authority, urban renewal agency, board or commission. Any violation of the provisions of this section shall constitute misconduct in office.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
